[Added 2-8-1982 by Ord. No. 529]
[Amended 10-19-1992 by Ord. No. 614]
A.
In an era of increasing urbanization and with a growing demand for
housing of all types and design, the purpose of this article is to
encourage innovations in residential development and renewal so that
the growing demand for housing may be met by a greater variety in
type, design and layout of dwellings and by the conservation and more
efficient use of open space ancillary to said dwellings so that greater
opportunities for better housing and recreation may extend to all
citizens and residents of this Borough, and, in order to encourage
a more efficient use of land and of public services and to reflect
changes in the technology of land development so that economies secured
may inure to the benefit of those who need homes and, in aid of these
purposes, to provide a procedure which can relate the type, design
and layout of residential development to the particular site and the
particular demand for housing existing at the time of development
in a manner consistent with preservation of the property values within
existing residential areas and to insure that the increased flexibility
of regulations over land development authorized herein is carried
out under such administration standards and procedures as shall encourage
the disposition of proposals for land development without undue delay,
the following powers are granted.
B.
This article insures that the provisions of this chapter which are
concerned in part with the uniform treatment of dwelling type, bulk,
density and open space within each zoning district shall not be applied
to the improvement of land by other than lot-by-lot development in
a manner that would destroy the objectives of this chapter.
The objective of this article is to develop properties for single-family
and multifamily housing which provide:
A.
A suitable residential environment by utilizing the potential advantages
of the site, including suitable placement of the buildings and facilities
in relation to the site and surrounding influences.
B.
A land use intensity appropriate to the character of the site and
its location in the anticipated community pattern.
C.
Adequate open space related to buildings and other land improvements.
D.
Sufficient livability space (nonvehicular open space) for use of
the occupants and for visual appeal.
E.
Areas for outdoor recreation of a size and location to properly serve
the needs of occupants.
F.
Adequate and conveniently located car storage space.
G.
Elevations and gradients appropriate for buildings, land improvements,
drainage, and for safe, easy circulation for occupant use.
H.
Night lighting for safe and convenient use of streets, driveways,
parking areas, walks, steps and other facilities.
I.
The preservation of desirable existing trees and other natural site
features.
J.
Plantings to enhance the appearance of buildings and grounds, to
screen objectionable features and to control erosion.
[Amended 10-19-1992 by Ord. No. 614]
As used in this chapter, the following terms shall have the
meanings indicated:
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to start of construction or
development, including but not limited to an application for a building
permit, for the approval of a subdivision plat or plan or for the
approval of a development plan.
A parcel or parcels of land or an area of water, or a combination
of land and water, within a development site and designed and intended
for the use or enjoyment of residents of a development, not including
streets, off-street parking areas, and areas set aside for public
facilities.
Any landowner, agent of such landowner or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land or a land development.
The provisions for development of a planned residential development,
a plat of subdivision, all covenants relating to use, location and
bulk of buildings and other structures, intensity of use or density
of development, streets, ways and parking facilities, common open
space and public facilities. The phrase "provisions of the development
plan," when used in this article, shall mean the written and graphic
materials referred to in this definition.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer for a municipality,
planning agency, or joint planning commission.
The Council in cities, boroughs and incorporated towns; the
Board of Commissioners in townships of the first class; the Board
of Supervisors in townships of the second class; the Board of Commissioners
in counties of the second class through eighth class; or as may be
designated in the law providing for the form of government.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of, streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
"Land development" does not include development which involves:
The conversion of an existing single-family detached dwelling
or single-family semidetached dwelling into not more than three residential
units, unless such units are intended to be a condominium;
The addition of an accessory building, including farm building,
on a lot or lots subordinate to an existing principal building; or
The addition or conversion of buildings or rides within the
confines of an enterprise which would be considered an amusement park.
For the purposes of this subsection, an "amusement park" is defined
as a tract or area used principally as a location for permanent amusement
structures or rides. This exclusion shall not apply to newly acquired
acreage by an amusement park until initial plans for the expanded
area have been approved by the proper authorities.
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition); a lessee if he is
authorized under the lease to exercise the rights of the landowner,
or other persons having a proprietary interest in land, shall be deemed
to be a landowner for the purpose of this article.
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwelling units, or combination
of residential and nonresidential uses, the development plan for which
does not correspond in lot size, bulk, type of dwelling, or use, density
or intensity, lot coverage and required open space to the regulations
established in any one district created, from time to time, under
the provisions of this chapter.
A planning commission, planning department, or a planning
committee of the governing body.
The map or plan of a subdivision or land development, whether
preliminary or final.
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Borough. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
The planned development must meet all of the following general
standards:
A.
The planned development is consistent with the Comprehensive Plan.
B.
The planned development is an effective and unified treatment of
the development possibilities on the project site; and the development
plan makes appropriate provision for the preservation of streams and
stream banks, wooded cover, rough terrain and similar areas.
C.
The planned development shall be planned and developed to harmonize
with any existing or proposed development in the area surrounding
the project site.
D.
A performance bond for all improvements in the development must be
posted as required.
E.
Provision for sewerage treatment must be made and proof of such submitted
with the application.
A.
Planned residential developments may be approved in the following
zoning districts:
The type and number of dwelling units which may be constructed
within a planned development will be determined by using the Land
Use Intensity Rating System, which is described as follows, and within
the required land use intensity rating set forth in this chapter for
each zoning district where planned residential developments are permitted,
i.e., R-1, R-2, and R-3.
A.
Land Use Intensity System.
(1)
The Land Use Intensity System correlates the land area, floor area,
open space, livability space, recreation space, and car storage capacity
of a planned residential development to prevent overdevelopment or
overcrowding of a building site.
(2)
The system lets the developer choose the type of residential construction
he wishes to build, i.e., single-family homes, two-story townhouses,
multifamily apartments, etc. The system also indicates the type of
construction which can be developed at any given intensity.
(3)
For example, a land use intensity (LUI) of 40 permits one- or two-story
townhouses, two-story detached units, or two-story apartments and
then prescribes the land use intensity standards such as maximum floor
area and minimum open space for the type of residential construction
selected.
B.
The Land Use Intensity Ratio Table. The Land Use Intensity Ratio
Table shows the ratios for floor area, open space, livability space,
and car storage which apply at various levels of land use intensity.
Also shown, for each of the several common residential building types,
is the optimum range of land use intensity characteristics for such
building type when used alone on a site.
C.
Land use intensity rating. The land use intensity for a planned residential
development shall conform to the land use intensity rating for the
zoning district in which the development is located.
(1)
Rating scale. In order to measure the land use intensity of proposed
sites and project plans, the Borough shall use the Land Use Intensity
Table. These ratings correlate the land area, floor area, open space,
livability space, recreation space, and car storage capacity of a
project.
(2)
Rating for the site. After analyzing the characteristics of various
sites and their relation to the Borough's Comprehensive Plan, the
Borough determined a land use intensity rating for various zoning
districts. The determination of the land use intensity rating is important,
as it represents the maximum land use intensity acceptable to the
Borough for the current use of the site for a housing development.
If a portion(s) of a site is located in more than one zoning district,
the land use intensity rating for each zoning district shall apply
to each portion(s) alone in substantially the same manner as it would
if the portion were a separate site.
(3)
Number of living units. The total number of living units will depend
upon the size (square footage) of various individual dwelling units.
However, the total floor area for all dwelling units shall not exceed
the permitted floor area for the site as calculated by multiplying
the area of the site by the permitted floor area ratio.
D.
Building types. For each of several common building types, the Land
Use Intensity Ratio Table shows the optimum range of land use intensity
which is characteristic of the building type where used alone on all
or a part of a site. To determine the building type or types usually
suitable to a site, compare the land use intensity rating with the
possible building combinations shown in the left-hand margin of the
table. For example, an intensity rating of 45 suggests two-story townhouses
and two-story apartments. Any single building type (common or special)
or any group of varied building types are acceptable on a site, provided
the requirements stated below are met:
(1)
The sizes and types of living meet long-term needs.
(2)
The property has adequate visual appeal.
(3)
The property can be operated and maintained at costs reasonably related
to income.
(4)
The land use and other site planning standards of this chapter are
met.
(5)
Zoning and other local regulations are complied with.
E.
Residential uses and nonresidential uses. For these land use standards,
the measurements for FAR, OSR, LSR, RSR, OCR, TCR, etc., include only
such land area, floor area, open space and car storage as are allocated
for residential use and for uses incidental to, and compatible with,
the residential use, such as recreation facilities serving the occupants
or a coffee shop in a recreation building.
F.
Land use standards for the site. The land use intensity rating ascribes
to the site the land use standards shown for that intensity number
as shown on the Land Use Intensity Table and in this chapter. The
standards or ratios are defined as follows:
(1)
The maximum floor area ratio (FAR): the maximum square footage of
total floor area (all stories) permitted for each square foot of land
area.
(2)
The minimum open space ratio (OSR): the minimum square footage of
open space which shall be provided for each square foot of land area.
(3)
The minimum livability space ratio (LSR): the minimum square footage
of livability (nonvehicular) outdoor space which shall be provided
for each square foot of land area.
(4)
The minimum recreation space ratio (RSR): the minimum square footage
of recreation space required for each square foot of land area.
(5)
The minimum occupant car ratio (OCR): the number of parking and garage
spaces without time limits required for each living unit.
(6)
The minimum total car ratio (TCR): the total number of parking and
garage spaces required for each living unit, including spaces without
time limits (primarily for occupants) and spaces available for limited
time periods (primarily for guests).
G.
BUILDING AREA (BA)
FLOOR AREA (F) and FLOOR AREA RATIO (FAR)
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(2)
LAND AREA (LA)
LIVABILITY SPACE (LS) and LIVABILITY SPACE RATIO (LSR)
OCCUPANT CAR SPACE (OCS) and OCCUPANT CAR RATIO (OCR)
OPEN SPACE (OS) and OPEN SPACE RATIO (OSR)
(1)
(2)
(3)
RECREATION SPACE (RS) and RECREATION SPACE RATIO (RSR)
(1)
(2)
(3)
(4)
(a)
(b)
(c)
(5)
(a)
(b)
TOTAL CAR SPACE and TOTAL CAR RATIO (TCR)
Definitions. As used in this
section, the following terms shall have the meanings indicated:
The total land area covered by residential buildings, measured
horizontally from the faces of the exterior walls (or the exterior
lines of omitted walls) at main grade level. Entrance platforms, steps
and terraces are not countable as building area.
The total floor area for residential use on all floors of
a building or buildings, measured from the outside faces of the exterior
walls, including halls, lobbies, stairways, elevator shafts, enclosed
porches, balconies and below-grade floor areas used for habitation
and residential access.
Noncountable:
Open terrace, patio, atrium or balcony;
Carport, garage, breezeway or toolshed;
Special purpose areas for the common use of all the occupants,
such as a recreation room or social hall;
Staff space for therapy or examination in care housing;
Basement spaces not used for living accommodations; or
Any commercial or other nonresidential space.
The floor area ratio (FAR) times the land area (LA) equals the
maximum amount of floor area (FA) acceptable for the development of
a property. (FAR x LA = FA; or FA divided by LA = FAR.)
The land area used for LUI computations is the total site
area within the property lines of the proposed site.
The open space used for people, including lawns, planting
space, walks, paved terraces and sitting areas and the unpaved portions
of streets rights-of-way. No paved areas for car traffic or parking
can be included as livability space. The livability space shall be
so related to the land area that it is consistent with the character
of the site and its location in the community; adequate for the exterior
property attractiveness that is needed for long-term marketability;
adequate for outdoor living space for the occupants; and not less
than the minimum livability space ratio (LSR) shown in the Land Use
Intensity Ratio Table for the selected land use intensity rating.
The livability space ratio (LSR) times the land area (LA) equals the
minimum amount of livability space acceptable for the development
of a property. (LSR x LA = LS; LS divided by LA = LSR.)
A garage, carport or other parking space available to the
residents without time limits. Occupant car space shall be so related
to the living units that the relationship shall be consistent with
the site and its location in the community; adequate to meet the needs
of the occupants and their guests without interfering with normal
traffic movements; adequate for the storage of the occupants' boats,
trailers, recreational vehicles, and other permitted vehicles, as
well as cars, as appropriate to the anticipated need; and not less
than the minimum occupant car ratio (OCR) and minimum total car ratio
(TCR) shown in the Land Use Intensity Ratio Table for the selected
land use intensity rating. The occupant car ratio (OCR) times the
number of living units (LU) equals the minimum number of car parking
spaces (CPS) for residents in the development of a property. (OCR
x LU = CPS; or CPS divided by LU = OCR.)
The relation of open space to the land area shall be consistent
with the character of the site and its location in the anticipated
community pattern; adequate for the needs of the occupants for livability
open space and for traffic and parking space; and not less than the
minimum open space ratio (OSR) shown in the Land Use Intensity Ratio
Table for the selected land use intensity rating. Open space is the
sum of the uncovered open space and 1/2 of the covered open space.
UNCOVERED OPEN SPACEThe horizontal area of the site not covered by building area (BA), plus open exterior balconies and roof area improved as recreation space (RS).
COVERED OPEN SPACE (COS)The usable open space that is closed to the sky, having two clear, unobstructed open or partially opened sides (minimum 50% open). The square foot amount countable as covered open space may not exceed the square foot amount of the open sides. Examples: covered balconies, covered portions of improved roof area or spaces under buildings supported by posts, columns or cantilevers.
The open space ratio (OSR) times the land area (LA) equals the
minimum amount of open space acceptable for the development of a property.
(OSR x LA = OS; or OS divided by LA = OSR.)
General. Adequate recreation facilities for the residents shall
be provided in locations easily accessible to the living units and
where they do not impair the view and privacy of living units.
Passive recreation. Attractive sitting areas shall be appropriate
in size, type and number to the needs of the residents. The design
and location of sitting areas may vary according to the type of projects,
from a sun deck, balcony, or roof garden to a paved area overlooking
a pleasant view, or a shaded area along a walk.
Active recreation. Active recreation areas shall be appropriate
for the needs of the residents. Activities may vary from horseshoe
pitching, shuffleboard, swimming or tennis to golf, horseback riding,
or boating in large projects. Well-equipped playgrounds of adequate
size and number shall be provided where it is anticipated that children
will occupy the premises.
Required recreation space.
The recreation space required by the Land Use Intensity Standards
is that part of the livability space which provides one or more major
open spaces in a planned residential development.
The recreation space ratio (RSR) times the land area (LA) equals
the minimum amount of recreation space acceptable for the development
of a property. (RSR x LA = RS; or RS divided by LA = RSR.)
The relation of total countable recreation space to the total
floor area shall not be less than shown in the Land Use Intensity
Table for the selected land use intensity rating determined. As part
of the required recreation space (RS), permanent recreation space
abutting the property and available for use by the residents may be
considered.
Countable as required recreation space.
Where the required recreation is greater than 10,000 square
feet, the smallest countable recreation area shall be 10,000 square
feet. Small playgrounds or sitting areas less than 10,000 square feet
in size count as livability space but do not count as required recreation
space. Where several areas are to be counted as part of the required
recreation space, each must be at least 10,000 square feet. The least
dimension of a countable recreation area shall average not less than
100 feet and not be less than 50 feet at any point. Areas designated
for recreation space shall be suitably developed for the intended
purpose shown on the development plan. Areas such as steep slopes
(hillsides), narrow ravines and/or stream valleys or other remnant-type
parcels of land shall not be used or counted as required recreation
space unless such parcels are specifically improved for the particular
recreation activity proposed on the plan.
Where the required recreation space is less than 625 square
feet, a specific recreation area need not be designated on the development
(site) plan, as it will be considered part of the required livability
space. The dimensions for recreation areas under 10,000 square feet
may be smaller than those for a countable recreation area. All areas
counted as recreation space shall be at least 30 feet away from any
point on the perimeter boundary line, and at least 20 feet away from
any structure proposed as part of the development.
The number of spaces (or space) available to the occupants
without time limits (counted in OCR), plus the number of spaces available
for limited time periods (primarily for guests). The total car ratio
(TCR) times the number of living units (LU) equals the minimum number
of car parking spaces acceptable for a development, including space
for guest cars. (TCR x LU = TCS; or TCS divided by LU = TCR.)
 |
Site planning, design and construction of all required improvements (streets; sidewalks; curbs; sewer, water and storm drainage systems; etc.) shall conform to the requirements specified in Chapter 370, Subdivision and Land Development, of the Code of the Borough of Girard, and the Borough developer standards referenced therein.
A.
The location of all structures shall be as shown on the final plans.
B.
The proposed location and arrangement shall not be detrimental to
existing or prospective adjacent dwellings or to the existing or prospective
development of the neighborhood. There shall be no minimum or maximum
percentage of lot coverage and no minimum lot width in the planned
development. However, every dwelling shall have access to a public
street, court, walkway, or other area dedicated to public use. No
dwellings and no addition to any dwellings shall be erected within
a distance of less than the height of the highest adjacent building
or height of proposed structure, whichever is greater.
C.
Vehicular access to dwellings by means of adequate service drive
and/or emergency entrances shall be provided in all cases where dwellings
do not front on a public street or where the Borough deems necessary
for public safety. Furthermore, all plans must be reviewed by the
Borough Fire Chief to insure that fire vehicles have adequate access
to all structures.
A.
The requirements of this section apply only to structures located
within 200 feet of the perimeter of a planned development.
B.
If topographical or other barriers do not provide adequate privacy
for existing uses adjacent to the planned development, the Borough
may require either or both of the following:
(1)
Structures located on the perimeter of the planned development must
be set back by a distance sufficient to protect the privacy and amenity
of adjacent existing uses, but in no case less than the height of
the aforementioned buildings.
(2)
Structures located on the perimeter of the planned development must
be screened in such a manner which is sufficient to protect the privacy
and amenity of adjacent existing uses.
A.
The development plan will contain areas to be allocated for common
open space which satisfy the standards governing the usability and
quality of common open space that is contained in the minimum open
space ratio.
B.
No open area may be accepted as common open space under the provisions
of this article unless it meets the following standards:
(1)
The location, shape, size and character of the common open space
must be suitable for the planned development.
(2)
Common open space must be suitably improved for its intended use,
but common open space containing natural features worthy of preservation
may be left unimproved. The buildings, structures and improvements
which are permitted in the common open space must be appropriate to
the uses which are authorized for the common space and must conserve
and enhance the amenities of the common open space having regard to
its topography and unimproved condition. Lakes, swamps and other water
bodies may not be used in computing common open space.
(3)
The development schedule which is part of the development plan must
coordinate the improvement of the common open space, the construction
of buildings, structures and improvements in the common open space
and the construction of residential dwellings in the planned development.
(4)
If the final development plan provides for buildings, structures
and improvements in the common open space which exceed $1,000, the
developer must provide a bond in the estimated amount of the improvements
assuring that the buildings, structures and improvements will be completed.
The Council shall release the bond or other assurance when the buildings,
structures or improvements have been completed according to the development
plan.
A.
All land shown on the final development plan as common open space
must be conveyed and/or maintained under one of the following options:
(1)
It may be conveyed to a public agency which will agree to maintain
the common open space and any buildings, structures or improvements
which have been and will be placed in it, in which case the general
public must have use of the open space.
(2)
It may be conveyed to the trustees provided for in an indenture establishing
an association or similar organization for the maintenance of the
planned development. The common open space must be conveyed to the
trustees subject to covenants which are approved by the Borough Council,
restrict the common space to the uses specified on the final development
plan, and provide for the maintenance of the common open space in
a manner which assures its continued use for its intended purpose.
(3)
The developer/landowner may elect to assume the maintenance of all
open space and/or the maintenance of all roads, parking areas, drainage
facilities and recreation facilities. Should a developer choose this
option, his intention to maintain such open space and facilities must
be so stated in the development plan and application for tentative
approval.
B.
No common open space may be put to any use not specified in the final development plan unless the final development plan has been amended to permit that use. However, no change of use authorized under § 425-57 may be considered as a waiver of any of the covenants limiting the use of common open space areas, and all rights to enforce these covenants against any use permitted under § 425-57 are expressly reserved.
C.
If the common open space is not conveyed to a public agency, one
of the following methods of enforcement must be provided:
(1)
The legal right to develop the common open space for the uses not
specified in the final development plan must be approved by the Council.
(2)
Restrictions governing the use, improvement and maintenance of the
common open space must be stated as conditions to the conveyance of
the common open space, the fee title to the common open space to vest
in a public agency in the event of a substantial default in the stated
conditions.
(3)
If the common open space is not maintained in reasonable order and
condition and in accordance with the development plan, the Council
may serve written notice to the organization responsible for maintenance
or to the residents of the planned residential development, setting
forth:
(a)
The manner in which the organization has failed to maintain
the common open space in reasonable condition.
(b)
A demand that such deficiencies of maintenance be corrected
within 30 days thereof.
(c)
The date and place of a hearing thereon which shall be held
within 14 days from the date of the notice.
(d)
If the deficiencies set forth in the original notice or in the
modifications thereof shall not be corrected within said 30 days or
any extension thereof, the Council may enter upon said common space
and maintain the same for a period of one year in order to preserve
the taxable values of the properties within the planned residential
development and to prevent the common open space from becoming a public
nuisance. Maintenance by the Borough shall not constitute a taking
of said common space, nor vest in the public any rights to use the
same. Before the expiration of said year, the Borough shall, upon
its own initiative or upon the request of the organization theretofore
responsible for the maintenance of the common space, call a public
hearing, after giving notice to said organization and/or to the residents
of the planned residential development. The hearing will be held by
the Borough or its designated agency and shall provide said organization
or the residents of the planned residential development opportunity
to show cause why the Borough shall not, at its option, continue said
maintenance for a succeeding year. If the Borough or its designated
agency determines that said organization is ready and able to maintain
said common open space in a reasonable condition, the Borough shall
cease to maintain said common open space at the end of a said year.
If the Borough determines that such organization is not ready and
able to maintain said common open space in a reasonable condition,
the Borough may, in its discretion, continue to maintain said common
open space during the next succeeding year and, subject to similar
hearing and determination, in each year thereafter. The decision of
the Borough shall be subject to appeal to court in the same manner,
and within the same time limitation, as is provided for zoning appeals
by Act 247 of 1968, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(e)
The cost of such maintenance by the Borough shall be assessed
ratably against the properties within the planned residential development
that have the right of enjoyment of the common open space and shall
become a lien on said properties. The Borough, at the time of entering
upon said common space for the purpose of maintenance, shall file
a notice of lien in the office of the Prothonotary of Erie County,
Pennsylvania, upon the properties affected by the lien within the
planned residential development.
D.
This article further establishes the special requirements and procedures
which are applicable for any building or land development intended
to be maintained under the condominium form of ownership. Furthermore,
this article provides for the revocation of an approved condominium
and subsequent recording of same by appropriate means. The procedure
set forth in this section shall be followed by all applicants proposing
to develop land or buildings to be maintained under the condominium
form of ownership, or to convert existing land or buildings from their
present ownership to the condominium form of ownership.
(1)
Requirements. In addition to all other requirements set forth in
this article and not in conflict with the requirements of this section,
a declaration, a declaration plan and a code of regulations shall
be required for any proposed condominium and shall be approved by
the Borough Council, as appropriate, in accordance with the requirements
set forth in this section and the Uniform Condominium Act, July 2,
1980,[2] prior to submission of said documents for proper recording
to the Recorder of Deeds of Erie County.
[2]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
[Amended 10-19-1992 by Ord. No. 614]
A.
The application for a planned residential development shall be filed
with the Borough Council or its designated representative by the landowner
or his designated representative. The applicant shall provide a minimum
of four copies of the complete application and related documents.
C.
The application shall include, but not necessarily be limited to,
the following:
(1)
Site development master plan.
(5)
Open space and landscape development plan, including:
(6)
Typical building elevations and floor plans of proposed units, including
floor areas per building/unit.
(7)
Perimeter survey of proposed development area, including size (acreage),
to be considered as prepared by a registered professional land surveyor.
(8)
Land use intensity calculations based on proposed units and their
respective floor areas.
(9)
The substance of covenants, grants of easements, or other restrictions
proposed to be imposed upon the use of the land, buildings, and structures,
including proposed easements or grants for public utilities, stormwater
retention facilities, open space facilities, etc.
(10)
In the case of development plans which call for construction
over a period of years, the developer must submit a phased development
plan showing when each and all sections of the planned residential
development will be filed (submitted) for final approval. This schedule
must be updated annually on the anniversary of its approval until
the development is completed and accepted.
(11)
Water supply. If water is to be provided by means other than
by private wells owned and maintained by the individual owners of
lots within the planned residential development, applicants shall
present evidence to the Borough Council that the planned residential
development is to be supplied by a certified public utility, a bona
fide cooperative association of lot owners, or by a municipal corporation,
authority or utility. A copy of a certificate of public convenience
from the Pennsylvania Public Utility Commission or an application
for such certificate, a cooperative agreement, or a commitment or
agreement to serve the area in question, whichever is appropriate,
shall be acceptable evidence.
D.
The foregoing shall be considered minimum requirements for acceptance of a complete planned residential development application, and all required documents shall be prepared in accordance with this chapter, Chapter 370, Subdivision and Land Development, and the developer standards, as amended. Where unique design concepts or other circumstances exist and where deviation from the required format is required, the developer shall submit such additional data as is necessary to fully and completely explain the proposal.
E.
The application for tentative approval of a planned residential development
shall include a written statement by the landowner setting forth the
reasons why, in his opinion, a planned residential development would
be in the public interest and would be consistent with the Comprehensive
Plan for the development of the Borough.
[Amended 10-19-1992 by Ord. No. 614]
A.
All applications for tentative approval shall be filed with the Borough
Council, or its designated representative, who shall:
(1)
Issue a written dated receipt acknowledging submission of the application,
the date of which shall begin the review process.
(2)
Forward copies of the application and related plans to the following
agencies for review and comment:
(a)
The Borough Planning Commission. The Commission shall forward
its comments to the Council within 30 days or forfeit its rights of
review.
(b)
The Borough Engineer, who shall review the application as to the accuracy of the data submitted under § 425-57C(1) through C(10) of this article, as amended. The Engineer shall have 45 days to complete his review.
(c)
The Erie County Department of Planning (ECDP). The ECDP shall
forward its comments to the Council within 30 days or forfeit its
right of review.
B.
Public hearings.
(1)
Within 60 days after the filing of an application for tentative approval
of a planned residential development pursuant to this chapter, a public
hearing pursuant to public notice on said application shall be held
by the Borough Council.
(2)
Public notice shall be given, and written notice shall be given to
the applicant, the Zoning Officer and to any person who has made timely
request for the same. Written notices shall be given at such time
and in such manner as shall be prescribed by rules of the Borough
Council. In addition to the written notice provided herein, written
notice of said hearing shall be conspicuously posted on the affected
tract of land at least one week prior to the hearing.
(3)
The parties to the hearing shall be the Borough, any person affected
by the application who has made timely appearance of record before
the Borough Council, and any other person, including civic or community
organizations permitted to appear by the Borough Council. The Borough
Council shall have power to require that all persons who wish to be
considered parties enter appearances in writing on forms provided
by the Borough Council for that purpose.
(4)
The Chairman, or Acting Chairman in the absence of the Chairman,
of the Borough Council shall have power to administer oaths and issue
subpoenas to compel the attendance of witnesses and the production
of relevant documents and papers, including witnesses and documents
requested by the parties.
(5)
The parties shall have the right to be represented by counsel and
shall be afforded the opportunity to respond and present evidence
and argument and cross-examine adverse witnesses on all relevant issues.
(6)
Formal rules of evidence shall not apply, but irrelevant, immaterial,
or unduly repetitious evidence may be excluded.
(7)
The Borough Council shall keep a stenographic record of the proceedings.
The appearance fee for a stenographer shall be shared equally by the
applicant and the Borough Council. The cost of the original transcript
shall be paid by the Borough Council if the transcript is ordered
by the Borough Council or shall be paid by the person appealing from
the decision of the Borough Council, if such appeal is made, and,
in either event, the cost of additional copies shall be paid by the
person requesting such copy or copies. In other cases, the party requesting
the original transcript shall bear the cost thereof.
(8)
The Borough Council shall not communicate, directly or indirectly,
with any party or his representatives in connection with any issue
involved, except upon notice for all parties to participate; shall
not take notice of any communication, reports, staff memoranda, or
other materials, except advice from the Solicitor, unless the parties
are afforded an opportunity to contest the material so noticed; and
shall not inspect the site or its surroundings after the commencement
of hearings with any party or his representative unless all parties
are given an opportunity to be present.
(9)
The Borough Council may continue the hearing from time to time and
may refer the matter back to the Planning Commission for a report;
provided, however, that, in any event, the public hearing or hearings
shall be concluded within 60 days after the date of the first public
hearing.
[Amended 10-19-1992 by Ord. No. 614]
A.
The Borough Council, within 60 days following the conclusion of the
public hearing(s) provided for in this article, or within 180 days
after the date of filing of the application, whichever occurs first,
shall, by official written communication to the landowner:[1]
B.
Failure to act within said period shall be deemed to be a grant of
tentative approval of the development plan as submitted. However,
if tentative approval is granted subject to conditions, the landowner
may, within 30 days after receiving a copy of the official, written
communication of the Borough Council, notify such Borough Council
of his refusal to accept any or all said conditions, in which case
the Borough Council shall deny tentative approval of the development
plan. If the landowner does not notify the Borough Council of his
refusal to accept all said conditions within the thirty-day period,
tentative approval of the development, with all said conditions, shall
stand as granted.
C.
The grant or denial of tentative approval by official written communication
shall include not only conclusions but also findings of fact related
to the specific proposal. It shall set forth the reasons for the granting
of approval, with or without conditions, or for the denial of approval.
Said communication shall also set forth, with particularity, in what
respects the development plan would or would not be in the public
interest, including, but not limited to, findings of fact and conclusions
on the following:
(1)
Whether the development plan is or is not consistent with the Comprehensive
Plan for the development of the Borough;
(2)
The extent to which the development plan departs from zoning and
subdivision regulations otherwise applicable to the subject property,
including, but not limited to, density, bulk and use, and the reasons
why such departures are or are not deemed to be in the public interest;
(3)
The purpose, location, and amount of the common open space in the
planned residential development, the reliability of the proposals
for maintenance and conservation of the common space, and the adequacy
or inadequacy of the amount and purpose of the common open space as
related to the proposed density and type of residential development;
(4)
The physical design of the development plan and the manner in which
it does or does not make adequate provision for public services, provide
adequate control over vehicular traffic, and further the amenities
of light and air, recreation, and visual enjoyment;
(5)
The relationship, either beneficial or adverse, of the proposed planned
residential development to the neighborhood in which it is proposed
to be established; and
(6)
In the case of a development plan which proposed development over
a period of years, the sufficiency of the terms and conditions intended
to protect the interests of the public and of the residents of the
planned residential development in the integrity of the development
plan.
D.
When a development plan is granted tentative approval, with or without
conditions, the Borough Council may set forth, in the official written
communication, the time within which an application for final approval
of the development plan shall be filed; or, in the case of a development
plan which provides for development over a period of years, the periods
of time within which applications for final approval of each part
thereof shall be filed. Except upon the consent of the landowner,
the time established between the grant of tentative approval and application
for final approval shall not be less than three months; and in the
case of developments over a period of years, the time between applications
for final approval of each part of a plan shall not be less than 12
months.
A.
The official written communication provided for in this article shall
be certified by the Borough Secretary and shall be filed in his office,
and a certified copy shall be mailed to the landowner. Where tentative
approval has been granted, the same shall be noted on the Zoning Map.
B.
Tentative approval of a development plan shall not qualify a plat
of the planned residential development for recording or authorize
development or the issuance of any building permits. A development
plan given tentative approval as submitted, or with conditions accepted
by the landowner, shall not be modified or revoked, nor otherwise
impaired, by action of the Borough during the preparation of an application
for final approval without the consent of the landowner, provided
that the landowner has not defaulted nor violated any of the conditions
of tentative approval; and an application(s) for final approval is
filed within the time period specified in the official written communication
granting tentative approval.
C.
If the landowner abandons a development plan between the time tentative
approval was granted, but prior to receiving final approval, the tentative
approval shall be revoked, and the area included in the development
plan shall again be subject to all applicable local ordinances. "Abandonment
by the developer" shall mean that the developer has notified the Borough
Council of his intentions to abandon the project or failed to file
an application(s) for final approval within the time period stated
in the grant of tentative approval.
A.
There shall be no sale of lots until final approval.
B.
Final approval shall not be given until all improvements have either
been completed in accordance with tentative plan approval or a performance
bond in the estimated amount of improvements not completed is posted
with the Borough. Bonding shall be in accord with the Pennsylvania
Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C.
Within six months following the tentative approval of the development
plan, the applicant shall file with the Borough Council a final development
plan containing, in final form, the information required on the preliminary
plan. The Council may extend, upon written request of the landowner,
the period for filing the final development plan up to six months,
provided good cause is shown.
D.
A public hearing on an application for final approval of the development
plan, or part thereof, shall not be required, provided the development
plan, or part thereof, submitted for final approval is in compliance
with the development plan theretofore given tentative approval and
with any specified conditions attached thereto.
E.
Within 30 days after the application for final approval is filed,
the Borough shall grant final approval of the development plan if
it meets all requirements of this article and the official written
communication granting tentative approval.
F.
If the final development plan as submitted contains variations from
the development plan given tentative approval, the Borough may refuse
to grant final approval and shall, within 30 days from the filing
of the application for final approval, so advise the landowner, in
writing, of said refusal, setting forth the reasons why one or more
of said variations are not in the public interest.
G.
If the final development plan is disapproved, the landowner may either:
(1)
Refile his application for final approval without the objected variations.
(2)
File a written request with the Borough asking that it hold a public
hearing on the application for final approval. The request must be
submitted during the period of time the landowner is entitled to apply
for final approval or within 30 additional days, if the time for applying
for final approval shall have already passed at the time when the
landowner was advised that the development plan was not in substantial
compliance.
(a)
Procedure if a public hearing is requested.
[1]
The hearing shall be held within 30 days pursuant to public
notice after the request was submitted by the landowner.
[2]
The hearing shall be conducted in the manner prescribed in this
article for public hearings on applications for tentative approval.
[3]
Within 30 days after the conclusion of the hearing, the Borough
shall, by official written communication, grant or deny final approval
to the development plan.
[Added 10-19-1992 by Ord. No. 614]
A.
A development plan, or any part thereof, which has been given final approval shall be so certified without delay by the Borough Council and shall be filed of record forthwith in the office of the Recorder of Deeds before any development shall take place in accordance therewith. Upon the filing of record of the development plan, the zoning and subdivision regulations otherwise applicable to the land included in such plan shall cease to apply thereto. Pending completion, in accordance with the time provisions stated in Section 508 of the Pennsylvania Municipalities Planning Code (hereinafter "MPC"), 53 P.S. § 10508, of said planned residential development or of that part thereof, as the case may be, that has been finally approved, no modification of the provisions of said development plan, or part thereof, as finally approved, shall be made, except with the consent of the landowner. Upon approval of a final plat, the developer shall record the plat in accordance with the provisions of Section 513(a) of the MPC, 53 P.S. § 10513(a), and post financial security in accordance with Section 509 of the MPC, 53 P.S. § 10509, and in accordance with Chapter 370, Subdivision and Land Development.
B.
In the event that a development plan, or a section thereof, is given final approval, and thereafter the landowner shall abandon such plan or the section thereof that has been finally approved, and shall so notify the Borough Council, in writing, or, in the event the landowner shall fail to commence and carry out the planned residential development in accordance with the time provisions stated in Section 508 of the MPC, 53 P.S. § 10508, after final approval has been granted, no development or further development shall take place on the property included in the development plan until after the said property is reclassified by enactment of an amendment to this chapter in the manner prescribed for such amendments in Article VI of the MPC, 53 P.S. § 10601 et seq., and this chapter.
To further the mutual interest of the residents of a planned
residential development and the public in preserving the integrity
of the development plan as approved, and to insure that modifications
in the development plan shall not impair the reasonable reliance of
said residents upon the provisions of the development plan, nor result
in changes that would adversely affect the public interest, the enforcement
and modification of the provisions of the development plan as finally
approved, whether they are recorded by plat, covenant, easement or
otherwise, shall be subject to the following provisions:
A.
The provisions of the development plan relating to the use, bulk,
and location of buildings and structures; the quantity and location
of common open space, except as otherwise provided in this article;
and the intensity of use or the density of residential units shall
run in favor of the Borough and shall be enforceable in law or in
equity by the Borough, without limitation on any powers of regulation
otherwise granted the Borough.
B.
All provisions of the development plan shall run in favor of the
residents of the planned residential development, but only to the
extent expressly provided in the development plan and in accordance
with the terms of the development plan and to the extent said provisions,
whether recorded by plat, covenant, easement or otherwise, may be
enforced at law or equity by said residents acting individually, jointly
or through an organization designated in the development plan to act
on their behalf; provided, however, that no provisions of the development
plan shall be implied, except as to those portions of the development
plan which have been finally approved and have been recorded.
C.
All those provisions of the development plan authorized to be enforced
by the Borough under this section may be modified, removed, or released
by the Borough, except grants or easements relating to the service
or equipment of a public utility, subject to the following conditions:
(1)
No such modification, removal, or release of the provisions of the
development plan by the Borough shall affect the rights of the residents
of the planned residential development to maintain and enforce those
provisions at law or equity as provided in this section.
(2)
No modification, removal or release of the provisions of the development
plan by the Borough shall be permitted, except upon a finding by the
Council following a public hearing thereon pursuant to public notice
called and held in accordance with the provisions of this article
that the same is consistent with the efficient development and preservation
of the entire planned residential development, does not adversely
affect either the enjoyment of land abutting upon or across the street
from the planned residential development or the public interest, and
is not granted solely to confer a special benefit upon any person.
D.
Residents of the planned residential development may, to the extent
and in the manner expressly authorized by the provisions of the development
plan, modify, remove, or release their rights to enforce the provisions
of the development plan, but no such action shall affect the right
of the Borough to enforce the provisions of this section.
Any decision of the Girard Borough Council under this article
granting or denying tentative or final approval of a development plan
shall be subject to appeal to court in the same manner, and within
the same time limitation, as provided for zoning appeals by Act 247
of 1968, as amended, and known as the "Pennsylvania Municipalities
Planning Code."[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[Amended 10-19-1992 by Ord. No. 614]
A.
Any person, partnership or corporation who or which has violated
the planned residential development provisions of this chapter shall,
upon being found liable therefor in a civil enforcement proceeding
commenced by the Borough, pay a judgment of not more than $500, plus
all court costs, including reasonable attorneys' fees, incurred by
the Borough as a result thereof. No judgment shall commence or be
imposed, levied or payable until the date of the determination of
a violation by the Magisterial District Judge. If the defendant neither
pays nor timely appeals the judgment, the Borough may enforce the
judgment pursuant to the appropriate Rules of Civil Procedure. Each
day that a violation continues shall constitute a separate violation,
unless the Magisterial District Judge determining that there has been
a violation further determines that there was a good faith basis for
the person, partnership or corporation violating these provisions
to have believed that there was no such violation, in which event
there shall be deemed to have been only one such violation until the
fifth day following the date of the determination of a violation by
the Magisterial District Judge, and thereafter, each day that a violation
continues shall constitute a separate violation. All judgments, costs
and reasonable attorneys' fees collected for the violation of planned
residential development provisions of this chapter shall be paid over
to the Borough.
B.
The Court of Common Pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per diem judgment pending a final adjudication
of the violation and judgment.
C.
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the Borough the right
to commence any action for enforcement pursuant to this section.
D.
Magisterial District Judges shall have initial jurisdiction over
proceedings brought under this section.
